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PC_04-26-72_Meeting_Minutesq)-_ . MINUTES OF THE MEETING of the FREDERICK COUNTY PLANNIIM COMMISSION Held in the County Office Building April 26, 1972 A Special Meeting of the Frederick County Planning Commission was held in the Supervisors Room of the County Office Building, Winchester, Virginia, this day, and was called to Order by the Chairman at 2:30 P.M. PRESENT: James W. Golladay, Charles E. Bass, Maurice W. Perry, Richard F. Madigan, Elmer Venskoske, Manuel C. DeHaven. Also, Roy W. Williams, Don E. Krueger, and Roy Jennings. ABSENT : George Shanks and Keith Williams. The Chairman announced a quorum was present and the Meeting continued. The first order of business was the rezoning application of Fredericktowne Company to rezone 46.319 acres of land fronting on Virginia Route 641 in Opequon Magisterial District from Agriculture (A -2) to Residential (R -2). Mr. Stephen Carnes represented the petitioner and presented a preliminary plan for development of the property which indicated single family lots, some lots for duplex homes and some lots for garden type apartments. No one appeared in opposition. The next order of business was the rezoning application of Schenck Foods Company, Inc. for a parcel of land containing 4.46 acres fronting on U.S. Route 11 in Back Creek Magisterial District from Industrial (M -1) to Business (B -2) and Mr. Huntsberry appearing for the petitioner presented a letter from Mr. Schenck, con- cerning site selection of his operation, which the Chairman read to the members. No one appeared in opposition. The next order of business was the rezoning application of W. H:. Emmart & Son to rezone a parcel of land containing 5.82 acres fronting on U.S. Route 11 in Back Creek Magisterial District from Residential (R -2) to Business (B -2), 0.846 acres and Industrial (M -2), 4.974 acres. Mr. Joseph W. White appeared as counsel for the-,petitioner and stated the reason for the petition was that a final court decision over the use of the land in question was pending. He further stated that his client was desirous of being a good neighbor and would make the proposed fuel storage installation safe and aesthetically pleasing to the eye. He stated Mr. Emmart was working with the State Fire Marshall on this and that the tanks were 102 feet from the Echo Village Motel and that earthen embankments were built between the tanks and the motel for spillage protection. He further stated that a buffer is built in by the side yard required in the Zoning Ordinance and that the State Fire Code requires controlled access. In opposition Mr. Joseph A. Massie, co- counsel for Mr. T. G. Adams, stated the Court had made an opinion that the Zoning Ordinance of 1967 is in effect.and the location of the fuel tanks moved on to the Emmart Property is in violation of the Ordinance. Mr. Massie further stated that expert tesitmony offered to the Court stated thekEmmart Land was in a Residential (R -2) zone. Mr. White rebutted that this had not definitely been determined by the Court. J q� , Mr. Douglas Swift representing landowners of Echo Village Subdivision presented • a petition signed by property owners in opposition to the proposed rezoning. As further evidence, M r. Swift presented pictures of bulk fuel plants and a National Fire Protection Agency bulletin on the occupancy fire record of bulk fuel plants. Mr. Horan F. McDonald appearing against the proposed rezoning presented a graphic representation of the area involved. He read the preamble to the Zoning Ordinance and stated that the proposed rezoning was not compatible with the Echo Village Subdivision and would be an encroachment which was prohibited by the preamble to the Ordinance. He further stated there was a 100 foot strip between Echo Village'Subdivision and the IEmmart land and said that rtrees won't suffice in as much as spill creates odor. Incclosing Mr. McDonald stated that with the installation of a bulk fuel facility the insurance rates of adjoining landowners was bound to rise. Mrs. Joseph Lively stated she had lived close to fuel tanks on Smithfield Avenue in Winchester and was in fear all the time she lived there. She said she did not want to live in this fear again. Mr. Howard Stumbo stated that practically everything had been said and added that the Echo Village Subdivison is buffered by Route 11 and the Railroad on the East and West but has no buffer on the North. Further, that the wind comes out of the North and North- west and the odor carried from the proposed facility would adversely affect property values. Miss. Louise Emmart stated she had seen a fuel tank fire in Martinsburg and would be very afraid of another. . Mr. Swift then summarized the landowners opposition to the proposed facility and added the environmental and nuisance questions are improtant. Mr. Massie then stated that the State Corporation Commission had denied Mr. Emmart's petition to use the Echo Village Sewer Company sewerage facilities. Mr. Henry H. Whiting, co- counsel for Mr. Adams, presented a map and questioned Mr. Adams with regard to same. Mr. Adams stated the understood the proposed land was to be used for 1 million gallons of storage and that 4 fuel tanks had been put in. He further stated heehad a mobile home located behind the Echo Village Motel and the mobilehome was 18 feet from the property.Aine of the land in question. Mr. Adams then stated that the proposed location of a tank farm would be detrimental to his motel operation. Mr. Whiting then stated that the Industrial (M -2) Zone will be a cancer which will detract from values and therefore M -2 zones should be quarantined. Mr. Whiting then stated that no one should be misled by an indefinite line and that Mr. Emmart had made a bad deal and wants someone to take him off the hook. Mr. Adams then stated he has a sizable investmentt'in the Echo Village Motel and would not want to see a bulk fuel facility in his back yard. Statements then turned toward the prior use of the land with Mr. Adams stating that the land in question was formerly used for Essotane Storage until the operation was moved out in 1966. He further stated that the major operation of the land was in the 1950's with the Essotane Storage Operation restricted to the northwest corner of the property. Mr. White then stated in summation that his client intended to conform by meeting all safety and fire requirements and would do what is consistent with good zoning and that the area is becoming industrial and the proposed use is consistent with the trend. Mr. White continued that the Land Use Plan for the area showed industrial and the application for rezoning was not inconsistent with this plan. q Mr. Whiting then stated that an orderly and just way to develop the community must • be followed and that approval of this request would not permit a harmonious plan. Mr. Swift then commented that the zoning request cannot be considered proper even though the Land Use Plan showed the area to be Industrial. Upon motion of Mr. Venskoske, seconded by Mr. DeHaven the Public Hearing was closed. Then upon motion.of Mr. Venskoske, seconded by Mr. DeHaven and passed the Planning Commission went into Executive Session. After discussion and upon motion of Mr. Perry, seconded by Mr. Bass and passed the Executive Session was closed and the Meeting was opened to the Public. Upon motion of Mr. Perry, seconded by Mr. Madigan and passed it was decided to recommend to the Board of Supervisors that the rezoning application of Fredericktowne Company be approved, Mr. Diss abstained from voting. Upon motion of Mr. DeHaven, seconded by Mr. Madigan and apassed it was decided to recommend to the Board of Supervisors that the rezoning application of Schenck Foods Co., Inc be approved. Upon motion of Mr. DeHaven, seconded by Mr. Madigan and passed it was decided that all of the land contained in the request of W. H. Emmart & Sons, Inc, be zoned Business (B -2). There being nothing further to come before the Planning Commission at this time the Meeting was adjourned. Respectfully submitted, r p :/iv G - � James W. Golladay, Ch an J